Employee vs. Employer Contributions
401(k) plans commonly include two funding sources:
- Employee Contributions: Money the participant personally deferred from their paycheck. This is always 100% vested and typically divisible in a QDRO without issue.
- Employer Contributions: Match or profit-sharing contributions from Citizens logistics LLC 401(k) plan. These are often subject to a vesting schedule and may not be fully available to divide.
If the participant is not fully vested in their employer match at the time of the divorce or QDRO, those unvested amounts may be forfeited and unavailable to the former spouse. The QDRO must specify whether the alternate payee gets a share of vested amounts only or future vesting as well. This distinction matters, and we help clients define these terms clearly to avoid disputes.

